Kerala High Court
Naufal Basheer vs State Of Kerala on 28 May, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
CRL.MC NO. 2657 OF 2024
CRIME NO.69/2014 OF MANJESWAR POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.923 OF 2014
OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS
TRIBUNAL, KASARAGOD
...............................
PETITIONER/ACCUSED NO.3:
NAUFAL BASHEER, AGED 29 YEARS
S/O ABDULLA BASHEER, RESIDING AT KAYARKATTE
HOUSE, PAIVALIKE, KASARAGOD DISTRICT, PIN -
671 348.
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
ANJU R S.
K C MOHAMED RASHID
BIJITHA B. BOSE
ABIN BENNY
RESPONDENT/STATE :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER
MANJESHWAR POLICE STATION,
KASARAGOD, PIN - 671 323.
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 28.05.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC 2657/2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.2657 of 2024
...................................................
Dated this the 28th day of May, 2024
ORDER
Petitioner was the 15th accused in S.C.No.460/2014 on the files of the
Sessions Court, Kasaragod, arising out of Crime No.69/2014 of
Manjeshwar Police Station. During the trial of the Sessions Case,
petitioner absconded and therefore the case against him and few other
was split up and renumbered as S.C.No.923/2014 on the files of the
Sessions Court, Kasaragod. In the meantime, the trial in
S.C.No.460/2014 concluded and the accused were acquitted by
judgment dated 30.09.2023. Petitioner seeks the benefit of acquittal of
the co-accused.
2. I have heard Sri.P.V.Anoop, the learned counsel for the petitioner as
well as Sri.Noushad K.A., the learned Public Prosecutor.
3. The prosecution alleged that on 25.01.2014, the accused had, due to
an enmity with the deceased for having given protection to three
persons, formed themselves into an unlawful assembly and committed
murder of Mr.Balige Azeez, while he was travelling in his car by
hitting him with an iron pipe and knife and thereby committed the
offences including Section 302 of the Indian Penal Code, 1860.
4. A perusal of the judgment of acquittal of the accused, who were tried,
reveals that the prosecution had failed to prove the commission of
offences by the accused beyond reasonable doubt. The conclusion
arrived at in the said judgment is based upon the nature of the
evidence that was adduced against the petitioners who were facing
trial. The said conclusion cannot be extended to the petitioner,
especially since the evidence adduced was only in respect of those
accused who were facing trial.
5. Apart from the above, the nature of offences alleged against the
petitioner includes Section 302 IPC. The nature of findings arrived at
by the trial court against those who were acquitted in the trial are not
those that can be extended to the petitioner, to quash the proceedings.
Criminal proceedings can be quashed on the basis of acquittal of the
co-accused only if the substratum of the prosecution case is destroyed
as against the person who claims the benefit on the basis of such
acquittal.
6. Taking note of the nature of offences alleged against the petitioner and
also the findings arrived at by the trial court against those accused
who have been acquitted, this Court is of the view that this is not a
fit case where the substratum of the prosecution case can be said to
have been destroyed by virtue of the acquittal of the co-accused.
Hence, I find no merit in this Crl.M.C. and it is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/01/06/2024
PETITIONER ANNEXURES
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.69 OF 2014 OF MANJESHWAR POLICE STATION
BY THE CIRCLE INSPECTOR OF KUMBLA, DATED
24.04.2014.
ANNEXURE B CERTIFIED COPY OF THE JUDGMENT IN SC NO.460
OF 2014 ON THE FILES OF DISTRICT AND
SESSIONS COURT, KASARAGOD DATED 30.09.2023.
TRUE COPY
